Introduction
A. In its Ordinary Meeting No. 9 of 4th May 2006, the Council of Ministers of the Government of Southern Sudan (GOSS) discussed the status of Juba as the capital of Southern Sudan and the seat of Government of Southern Sudan in accordance with Article 53 (4) of the Interim Constitution of Southem Sudan, 2005. The Council was informed by the Minister of Legal Affairs and Constitutional Development of the existence 0 f a provision in the Draft Constitution of the State of Bahr el Jebel, stipulating that Juba shall be the Capital of Bahr el Jebel State.
In its deliberations, the GOSS Council of Ministers touched on conflict of jurisdiction over Juba, housing for government officials, investment and land issues between the Government of Southern Sudan and the Government of Bahr el Jebel State.
The GOSS Council of Ministers resolved at the end of its deliberations to set up a Ministerial Committee to discuss with the Government of Bahr el Jebel State and the elders of the Bari Community issues relating to the status of the Capita[ Juba and those relating to community land rights around Juba.
On the 8th of May 2006, the GOSS Ministerial Committee met with the Governor of Bahr el Jebel State Major-General Clement Wani Konga and members of his cabinet and advisors. The Speaker of the State Assembly was also in attendance. However, this first meeting did not go into the agenda of the meeting in any great detail. After a short welcoming speech by the Governor, he quickly informed the meeting that he had not officially received a copy of the resolution of GOSS Council of Ministers. He said he had only heard of it over Radio Juba.
The Governor then invited the Chairman of the GOSS Ministerial Committee to introduce members of his committee and to present the agenda of the meeting. The members of the Committee were introduced and the agenda was presented to the meeting. The Governor was handed a copy of the resolution of the GOSS Council of Ministers after which the Chairman of the GOSS Ministerial Committee presented in a nutshell the agenda as follows:
The Interim Constitution of Southern Sudan in Article 53(4) provides that:
The City of Juba shall be the Capital of Southern Sudan and the seat of the Government of Southern Sudan. Its territory and administration shall be defined and regulated by law.
The GOSS Ministerial Committee explained that, the Draft Constitution of Bahr el Jebel State has a similar provision, which proclaims Juba as the Capital of Bahr
el Jebel State which in effect places the City of Juba under the administration and jurisdiction of the state. The GOSS Committee further explained that the two provisions if implemented by both levels of government would result in jurisdictional conflict between the two levels. In such a situation, it was explained that the Interim Constitution of Southern Sudan would prevail. It was pointed out that this potential conflict needs to be correctly addressed and resolved by the two levels of government.
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